West Virginia, ICE Sign Agreement Expanding State Immigration Enforcement

(WEST VIRGINIA) West Virginia has formalized a sweeping agreement with U.S. Immigration and Customs Enforcement, giving state agencies new authority to help enforce federal immigration law under the 287(g) program. Governor Patrick Morrisey announced the move on August 13, 2025, saying the state will partner with ICE to address public safety concerns tied to illegal immigration and the fentanyl crisis.

The agreements, which follow months of talks, authorize the West Virginia State Police, the West Virginia National Guard, and the Division of Corrections and Rehabilitation to carry out specific immigration functions under ICE supervision after completing required training. State officials said the agreements include two models—Task Force and Warrant Service Officer—tailored to different roles.

Which agencies and models are involved

• Task Force model
  • Assigned to the West Virginia State Police and West Virginia National Guard.
  • Intended for officers conducting enforcement and investigative activities in partnership with ICE.
• Warrant Service Officer model
  • Assigned to the Division of Corrections and Rehabilitation.
  • Focused on inmates approaching release so ICE administrative warrants can be served and executed.

All participating officers must complete 40 hours of federal training covering legal procedures and anti-discrimination standards before performing any immigration-related tasks. Major General James Seward said about 175 Guard members who are certified law enforcement officers will enroll in the ICE course.

Current custody figures and practical effects

According to WCHS and WV Public Broadcasting reports, at the time of the announcement the state had 88 undocumented immigrants in custody:
– 13 serving criminal sentences
– 28 with active ICE detainers
– 46 detained on immigration charges (e.g., failure to appear or illegal reentry)

Those figures highlight how the partnership could affect who stays in state custody versus who is transferred to federal authorities—especially at the point of release.

Practical takeaway: For people in custody, the change increases the likelihood of being held on an ICE detainer and handed over to federal custody at release. Families should expect more direct communication between state jails and ICE about release dates.

How the new authority will work

Under the 287(g) Task Force model, specified West Virginia law enforcement can:
1. Question individuals about immigration status during lawful encounters.
2. Process civil immigration violations for people arrested on state or federal charges.
3. Make warrantless arrests if an undocumented person is considered a flight risk, consistent with ICE policy and federal law.

The Warrant Service Officer model covers state inmates approaching release:
– Trained Division of Corrections officers can serve and execute ICE administrative warrants on undocumented people already in custody for state offenses when their release date arrives.
– The goal is to prevent premature release and allow a direct handoff to ICE rather than relying on separate pick-ups later.

The agreements also permit trained officers to perform related administrative steps under ICE direction, including:
– Serving immigration warrants
– Issuing detainers after ICE approval
– Administering oaths, taking fingerprints, and collecting statements
– Collecting evidence and preparing case files for ICE review

Officials emphasize that all actions must follow federal standards and occur within the scope granted by ICE; state personnel do not gain independent federal authority beyond the tasks listed in the memoranda of agreement.

Training, timeline, and oversight

• The federal course is described by the state as a 40-hour ICE program.
• Curriculum topics include immigration law basics, procedures, recordkeeping, civil rights protections, and anti-profiling/anti-discrimination modules.
• ICE supervision is integrated into daily operations.
• The Governor’s Office said the agreements are expected to become fully operational once officers complete training in the coming weeks.
• Local police departments across West Virginia have been invited to opt in through separate agreements with ICE, which would widen the program’s reach if accepted.

Supporters’ and critics’ perspectives

Supporters argue:
– The deal will help fight drug trafficking linked to transnational networks, pointing to fentanyl deaths in the state.
– Tighter cooperation with ICE will reduce repeat offenses by people who might otherwise be released and remain in the United States despite prior immigration violations.

Critics warn:
– Risk of civil rights violations and racial profiling.
– Potential harm to community trust if immigrant families fear routine contact with police.
– Civil rights advocates emphasize that civil immigration violations differ from criminal charges, and they call for strong oversight and clear complaint channels.

Legal observers expect continued debate over program scope and guardrails, including:
– Whether officers limit questions about status to lawful stops.
– How detainers are issued and reviewed.
– Whether the state provides clear channels for complaints.
– Future federal policy changes or court rulings that could reshape application of 287(g) authority in West Virginia.

Context and national connection

• The framework is rooted in Section 287(g) of the Immigration and Nationality Act (1996), which allows ICE to delegate certain functions to state and local officers via formal agreements.
• West Virginia’s deal aligns with a broader national push for expanded state-federal cooperation under President Trump’s January 2025 executive order emphasizing aggressive immigration enforcement priorities.
• Coverage by Fox News and WV MetroNews linked the West Virginia move to those national directives, while state officials framed the partnership as a public safety measure tailored to local needs.

ICE provides an overview of the 287(g) program, including the Task Force and Warrant Service Officer models, on its official page: https://www.ice.gov/identify-and-arrest/287g. That resource explains how ICE supervises partner agencies, how training works, and how the program’s performance is measured across jurisdictions.

Analysis and statewide implications

• According to analysis by VisaVerge.com, West Virginia’s arrangement is among the most comprehensive state-level deployments announced this year, notable for the number of agencies involved and the plan to include Guard officers in the Task Force model.
• Broader adoption by local departments could create a statewide network for immigration holds and transfers running alongside everyday policing.
• State data indicates an operational focus on jails and prisons, where the Warrant Service Officer model aims to reduce releases of people in ICE proceedings.
  • WCHS reported 28 individuals with active ICE detainers—likely first in line for coordinated transfer once training concludes.
  • WV Public Broadcasting noted 46 being held on immigration charges—another group likely to see faster processing where ICE resources are available.

For local agencies that join, the program may:
– Streamline detainer decisions
– Reduce last-minute coordination problems when a person’s state sentence ends

Officers remain bound by federal policy on the use of civil detainers and administrative warrants and must document actions for ICE review.

What residents, families, and local officials should expect

• The most direct changes will be felt in jail release procedures, where handoffs to ICE will become more routine.
• Families should anticipate increased coordination and communication between jails and ICE about release timing.
• Employers, community leaders, and families can expect immigration enforcement to be more coordinated with federal partners—and more visible—once the training phase ends.
• Governor Morrisey has encouraged local departments to contact the state for guidance on joining the program.